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Appellate Jurisdiction and Penalty Impositions Under Section 271(1)(c) of the Income Tax Act, 1961: A Comprehensive Study of Judicial Precedent and Procedural Finality in the Case of Kiran Devi Vs. Commissioner of Income Tax
Facts of the Case
The
Search Action: A search and seizure action was conducted by
the Revenue authorities under the Income Tax Act, 1961. During the course
of this search, various loose documents, ban...
Kiran Devi Vs. Commissioner of Income Tax (with Connected Case: Commissioner of Income Tax Vs. Smt. Meera Devi) | Validity of Penalty under Section 271(1)(c) and Applicability of Explanation 5 post-Search Proceedings under Section 153C
Facts of the Case
The
Search: On January 13, 2004, a search and seizure
operation under Section 132 of the Income Tax Act was conducted at the
residential premises of an individual, K.N. Mehrotra (an ...
Kiran Devi Vs. Commissioner of Income Tax (Delhi High Court) – Applicability of Section 30(2) of the Income Tax Act and Dismissal of Appeals Following CIT Vs. Smt. Meera Devi
Facts of the Case
Multiple
Income Tax Appeals being ITA Nos. 1217/2010, 1219/2010, 1220/2010,
1221/2010, 1231/2010 and 1233/2010 were filed before the Delhi High Court.
The
appellant challeng...
Kiran Devi vs Commissioner of Income Tax – Delhi High Court on Taxability of Capital Gains and Scope of Section 29(2) of the Limitation Act Read with Income Tax Proceedings
Facts of the CaseThe appellant, Kiran Devi, preferred multiple appeals before
the Delhi High Court against orders passed in income tax proceedings. The
appeals involved legal questions concerning the application and in...
Kiran Devi vs Commissioner of Income Tax – Delhi High Court | Section 28(iii) of Income Tax Act | Taxability of Compensation/Receipts in Business Income
Facts of the Case
Multiple
appeals were preferred by the appellant, Kiran Devi, before the Delhi High
Court.
The
issue involved in the appeals had already been examined by the Court in
connec...
Commissioner of Income Tax v. Smt. Meera Devi & Kiran Devi – Penalty under Section 271(1)(c) read with Explanation 5 in Search Cases and Concealment of Income under Section 153C
Facts of the CaseA search operation under Section 132 of the Income Tax Act was
conducted at the residential premises of K.N. Mehrotra, an employee of M/s
Prabhat Zarda Group. During the search proceedings, several doc...
Commissioner of Income Tax v. M/s Frostair Pvt. Ltd. – Appeal under the Income-tax Act, 1961 relating to Substantial Question of Law before High Court (ITA No.1638/2006)
Facts of the Case
The
Commissioner of Income Tax preferred an appeal before the Delhi High Court
against M/s Frostair Pvt. Ltd.
The
issues raised in the present appeal were substantially connected ...
Lease Plan India & Anr. v. Deputy Commissioner of Income Tax (Delhi High Court) – Adjustment of Tax Refund During Stay of Reassessment Proceedings under Sections 245, 148, 143(3) & 221 of the Income Tax Act, 1961
Facts of the CaseThe petitioner filed its income tax return for Assessment Year
2005–06 declaring a business loss. Assessment under Section 143(3) of the
Income Tax Act was completed subsequently. Thereafter, the Rev...
G.L. Jain Vs. Commissioner of Income Tax-XI & Others – Interest on Delayed Release of Seized Cash under Sections 132B(4), 132B(1)(i), 244A of the Income Tax Act | Delhi High Court
Facts of the CaseA search and seizure operation was conducted on 16.02.2005,
during which cash amounting to Rs.96,14,700/- was found and Rs.92,82,700/- was
seized by the authorities.The petitioner requested release of ...
Qualcomm Incorporated vs Assistant Director of Income Tax – Reopening of Assessment under Sections 147/148 Beyond Four Years on Mere Change of Opinion and Alleged Permanent Establishment Issue | Delhi High Court
Facts of the Case
Qualcomm
Incorporated, a foreign company, was engaged in design, development,
manufacture, marketing and licensing of digital wireless telecommunication
products and services based o...